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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 11:12 am 
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timberlea wrote:
Mr Harrington, did you boo boo on the link as it goes to a Chicago firm?


Yes, good catch. I've fixed it in the post.


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 12:04 pm 
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diafel wrote:
Just to be clear:
I don't believe there are any "pro pirate" people here, as you put it.
If there are, please indicate of whom you speak. I'd truly be interested, as I'm sure would others.
There are only people here who are ANTI pirate.
Please don't confuse the fact that there are people here who, while they ALL AGREE that SC and the other manufacturers should get paid for their product, they don't necessarily agree on some of the methods being used to "investigate" and determine who is and is not a pirate, particularly the methods used by yourself and your client.
Again, I would like to stress that there are NO "pro pirate" people here, and I would prefer it if you would refrain from referring to those who are "anti - SC METHODS" as such.
(please do NOT read that as anti-SC. It is the METHODS that are the issue, not the company itself.)


I'd be interested to know what methods you think SC and I are using that are inappropriate, and why. Before we started doing what we do today, we tried other methods that were highly ineffective at reducing piracy. Our new methods have been much more effective. When I see opposition to those methods, which appears to be ill-informed about the actual details and unrealistic in its expectations, and which seems to suffer from a lack of understanding of how the legal system works, I tend to view that as pro-pirate even if that is not the person's conscious intent. I am willing to be educated on the point, however.


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 12:22 pm 
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I find people who have no investigation experience, don't understand what's involved. If a PI makes a mistake then they must be incompetent. Well folks, it's not true. Investigators (police and private) don't always get the information and are not perfect, hence why there are aquittals in criminal cases and loses in insurance and civil suits.

The problem is the "CSI effect" where juries and the publc expect DNA evidence (where none is required) and every question answered. This only happens in Hollywood.

Bottom line, everyone makes mistakes. From what I can tell there haven't been any draconian or illegal methods used in the investigations. If there are please tell me.

People just don't like to be investigated, well too bad, that's life.

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 12:39 pm 
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I couldn't agree more timberlea.

People need to be careful when making comments regarding these lawsuits. I've seen some that border on libel, such as this one here posted as recently as June 22nd 2011, which uses the term "extorted":

Quote:
like the manu's lawyer telling the defendant not to file certain documents because it isn't necessary, when in fact they did need to be filed; holding a court ordered scheduling conference without informing the pro se defendants and then telling the judge that all parties were in agreement; neglecting to serve documents on the defendant; and the list goes on. In one case, the manu pretty much extorted someone into agreeing to buy the discs when they knew full well that at the time, the case against that defendant had already been dismissed.


You can read the entire post here:

viewtopic.php?f=26&t=21943&start=100&hilit=investigator&p=306547&view=show#p306547

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 12:57 pm 
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A question of the methods:

I am seeing alot of publicly available information on the lawsuits against KJs who are using pirated material they downloaded or purchased on loaded hard drives.

But, I'm not seeing anything public that leads me to believe any efforts are being made to shut down those who are providing the downloads and loaded hard drives.

A simple google search yeilds hundreds of results showing those who are still currently selling loaded hardrives without discs to back them up. Many of those sellers are advertising their drives in a big way with no apparent consequences.

It seems to me, publicly shutting these sellers down would put a big dent in the numbers of pirate KJs. And act as a detterent to other sellers. Many of these sellers are KJs themselves!

I've heard some speculate that Soundchoice is ignoring them because they provide the source of illegal KJs to go after, and I've heard others claim that the sellers are "untouchable" because the FBI is working on it. Niether of those claims sound particularly resonable to me if the goal is to end piracy, but the more hard drive sellers I see continuing in their business, the more I conclude the FBI has nothing to do with it.

So why doesn't Soundchoice simply purchase hard drives from some of these sellers to identify them and publicly sue the pants off them?

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 1:04 pm 
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earthling,

Refer to this thread:

http://www.ksmo.us/forums/viewtopic.php ... 70&start=0

Distributors are bigger fish to fry.

I too would like to hear Mr. Harrington's response as well if he is at liberty to.

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 1:59 pm 
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HarringtonLaw wrote:
johnny reverb wrote:
I'd find it hard to believe he would answer anything, or even say anything........since he represents the mentioned clients, anything he says on here can be used against his clients in court. Guess posting on here(if it's really him) would be his first mistake.
Anyway, I will always remain 1/1, and wait to be called out, instead of asking for an audit, and paying an annual fee. I don't care if he reads every post. I have no questions for him, and don't care for his legal opinions.....until the gavel slams, that's all they are...opinions.......welcome though, whoever you are...... :)


My client is aware of my posts here. I've posted nothing on here that I would be unprepared to defend in court if necessary. It was suggested that I shouldn't post here because, as we've seen, the pro-pirate people who are here will go on the attack. However, I believe that you have a right to accurate information about what we're doing and that it's in my client's best interest that the straw-grasping, the guesses, the speculation, and the outright fabrications be challenged with accurate information.


Sorry for the long quote, but by quoting my post, sure seems like you're calling me or my views, that of a pirate.
Slander/libel.......course I'm just a layman.... :lol:
1/1 no audit makes me a pirate?????......guess there are quite a few pirates on here.......
My main point still being....anyone can come on here and claim to be God.....won't find me worshiping him though
... :)


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 2:20 pm 
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johnny reverb wrote:
Sorry for the long quote, but by quoting my post, sure seems like you're calling me or my views, that of a pirate.
Slander/libel.......course I'm just a layman.... :lol:
1/1 no audit makes me a pirate?????......guess there are quite a few pirates on here.......
My main point still being....anyone can come on here and claim to be God.....won't find me worshiping him though
... :)


I was not referring to you. I was responding to you.

Current policy requires notification of the media/format shift and submission to an audit in order to get a covenant not to sue. There is nothing that requires you to get the CNS, but if you are investigated and we see indicia of piracy, we have no reliable way to verify 1:1 without suing you, so you're probably going to get sued. If that happens, you should immediately request the audit so we can clear you and dismiss the suit.


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 2:28 pm 
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indicia?.......that's Latin for "bend over and drop your pants".....
:) ....(just made that up, but I'll give you my permission to use it...could you copyright that for me?)
sure got a lot of time on your hands today, huh?... :)


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 2:38 pm 
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Where are your shows Johnny?

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 2:39 pm 
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HarringtonLaw wrote:
I was not referring to you. I was responding to you.

Current policy requires notification of the media/format shift and submission to an audit in order to get a covenant not to sue. There is nothing that requires you to get the CNS, but if you are investigated and we see indicia of piracy, we have no reliable way to verify 1:1 without suing you, so you're probably going to get sued. If that happens, you should immediately request the audit so we can clear you and dismiss the suit.


Is it really necessary to name someone in the suit that quickly? You DO have a another reliable way to verify 1:1. You just choose not to USE it.

If investigation indicates "indicia" of piracy, why not send a letter of intent to sue and allow a FREE audit within a reasonable time (say 14 days). If the KJ responds and passes, that's the end of it. If not, sue away. That keeps innocent names off lawsuits, and only adds 2 weeks to the process. I, for one, would respect that approach much more. I'm pretty sure I'm not alone.

Furthermore, there are a few things in that CNS that I would delete before signing, not the least of which is the forum selection clause.


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 2:50 pm 
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Singyoassoff wrote:
Is it really necessary to name someone in the suit that quickly? You DO have a another reliable way to verify 1:1. You just choose not to USE it.

If investigation indicates "indicia" of piracy, why not send a letter of intent to sue and allow a FREE audit within a reasonable time (say 14 days). If the KJ responds and passes, that's the end of it. If not, sue away. That keeps innocent names off lawsuits, and only adds 2 weeks to the process. I, for one, would respect that approach much more. I'm pretty sure I'm not alone.

Furthermore, there are a few things in that CNS that I would delete before signing, not the least of which is the forum selection clause.


Unfortunately, a "letter of intent to sue" is, in my considerable experience over the last two years, a "license to destroy evidence and/or skip town." As it is, very few of the KJs we sue request audits. There is no reason to believe, and ample reason not to believe, that giving them two extra weeks before the suit is filed will materially increase the number of audits that get performed.


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 3:07 pm 
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HarringtonLaw wrote:
Unfortunately, a "letter of intent to sue" is, in my considerable experience over the last two years, a "license to destroy evidence and/or skip town." As it is, very few of the KJs we sue request audits. There is no reason to believe, and ample reason not to believe, that giving them two extra weeks before the suit is filed will materially increase the number of audits that get performed.


As you are well aware, a letter of intent to sue provides notice to the party of possible impending litigation, and any evidence destruction that occurs from that point on is actionable spoilation just as much as it would be following service of the complaint.

Some of the KJs named in the suits have been loyal customers of SC for a very long time. This small extra step would have gone a long way to protect the name and reputation of those loyal customers.


Last edited by Singyoassoff on Wed Aug 10, 2011 9:02 pm, edited 1 time in total.

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 3:17 pm 
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Wall Of Sound wrote:
Where are your shows Johnny?


For me to know, and Harrington to find out....nyuk, nyuk, nyuk...... :lol:


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 3:18 pm 
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Yep every once in a while a dolphin get in the tuna nets.

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 3:20 pm 
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johnny reverb wrote:
Wall Of Sound wrote:
Where are your shows Johnny?


For me to know, and Harrington to find out....nyuk, nyuk, nyuk...... :lol:


Let's see.... Gary? Second City?

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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 3:23 pm 
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Lonman wrote:
Yep every once in a while a dolphin get in the tuna nets.


:lol: but I'm just a minnow..... :)


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 Post subject: Re: Introduction
PostPosted: Wed Aug 10, 2011 3:41 pm 
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Wall Of Sound wrote:
johnny reverb wrote:
Wall Of Sound wrote:
Where are your shows Johnny?


For me to know, and Harrington to find out....nyuk, nyuk, nyuk...... :lol:


Let's see.... Gary? Second City?


:lol: ....actually, the last time I did a bar, I used cdgs....been a few years. I did my last "DJ only" wedding one year ago from last may.......I'm done, put a fork in me......I still like to sing though, but I sometimes go months without singing. I'd still KJ if it had stayed cdg, but the computer made it too easy for competition to grow. I've got so many cdgs, I quit converting them after about halfway through......and I'm still buying them(newer music)....my kids are already fighting over who gets my karaoke collection when I die.....and they don't even like to sing...... :) ...... to any thieves out there reading this....I have a great security system guarding my guns, and cds(tons of music ones too).........facts, not being silly as usual.... :)


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 Post subject: Re: Introduction
PostPosted: Thu Aug 11, 2011 6:27 am 
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Lonman wrote:
Yep every once in a while a dolphin get in the tuna nets.


Funny you should mention Tuna. Yesterday I was watchin PBS(one of these days, I promise I'll make a pledge), and they had on this old Jacques Cousteau documentary following the mating habits of adult Tuna Fish. One thing I found very ironic, was they said that the vagina of the adult female Tuna, smelled exactly like a human being........ :o


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 Post subject: Re: Introduction
PostPosted: Thu Aug 11, 2011 6:40 am 
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Wall Of Sound wrote:
Where are your shows Johnny?



8) Seems like you are really interested in where other hosts play , do you wish to observe and maybe learn something?


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